examined by this or any other international organization. Accordingly, the requirements established in Articles 46(1)(c) and 47(d) are satisfied. 4. Characterization of the alleged facts 30. Article 47(b) and (c) of the Convention, as well as Article 34(a) and (b) of the Commission’s Rules of Procedure consider a petition inadmissible if it does not state facts that tend to establish violations of the rights guaranteed by the Convention or other applicable instruments, or if the petitioner’s or state’s arguments indicate that the petition is manifestly groundless or out of order. 31. The petitioner alleges that the State is responsible for violations of Mr. Fleury’s rights under Articles 5, 7, and 11 of the American Convention, as summarized in part III above. The State did not present observations or information on the violations alleged by the petitioner. 32. Based on the information submitted by the petitioner, and without prejudice to the merits, the Commission concludes, in keeping with the principle of iura curia novit, that the petition contains allegations that tend to establish violations of the rights protected by Articles 8 and 25 of the Convention in conjunction with Article 1(1). In addition, the IACHR considers that based on the information submitted, the petitioners’ allegations are not manifestly groundless or out of order. Accordingly, the IACHR concludes that the petition should not be considered inadmissible under Article 47(b) and (c) of the Convention, or Article 34(a) and (b) of the Commission’s Rules of Procedures. V. CONCLUSIONS 33. With respect to the alleged violations committed against Mr. Fleury during his arrest and detention, the Commission concludes that it is competent to take cognizance of the instant case, and that the petition is admissible under Articles 46 and 47 of the American Convention with respect to violations of Articles 5, 7, 8, 11, and 25 of the Convention, in relation to the general obligation set forth at Article 1(1). 34. Considering the arguments of fact and law described above, and without prejudging on the merits, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DECIDES: 1. To declare the instant case admissible with respect to Articles 5, 7, 8, 11, 25, and 1(1) of the American Convention. 2. To notify the petitioner and the State of this decision. 3. To proceed to analyze the merits. 4. To publish this report and include it in its Annual Report to the OAS General Assembly. Done and signed at the headquarters of the Inter-American Commission on Human Rights, in the city of Washington, D.C., on the 26th day of February, 2004 (Signed): José Zalaquett, President; Clare K. Roberts, First Vice-President; Susana Villarán, Second Vice-President; Commissioners Evelio Fernández Arévalo, Freddy Gutiérrez Trejo, Florentín Meléndez, and Paulo Sérgio Pinheiro. 5

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